PA/ID 3/75 Flashcards
(18 cards)
When the commanding officer determines that command discipline will be effective, informal non-judicial proceedings may be initiated and concluded at this level, and the required reports forwarded through the chain of command to the
Borough Command.
The member’s voluntary consent is required before command discipline can be imposed. Acceptance of non-judicial discipline must be in writing on the complaint report as an affirmative election of both the concept of the non-judicial proceedings and of the penalty. Refusal of command discipline is considered
an election to proceed via formal charges and judicial proceedings.
Executive Order No. 16, as amended, requires that non-judicial discipline be expunged from the member’s record ________? after the member’s acceptance of the penalty, but only if the member has not been subject to discipline as a result of any subsequent informal or formal proceedings.
one year
To determine whether non-judicial proceedings are warranted, as well as what penalty is appropriate, the commanding officer must be guided by the following considerations
violation is not connected to any larger context of delinquency
The member is not a chronic offender
the commanding officer believes it can help
In the commanding officer’s judgment, the infraction does not merit a penalty exceeding seven (7) points.
The conduct is not likely to bring discredit upon the Department.
Loss of Vacation Leave:
Loss of Pay: last resort
one (1) day for each point; maximum of seven (7) days, to be deducted from the current year’s leave balance
Detail: one (1) month for each two (2) points; maximum of three (3) months.
123
Detail must be approved by the Division commander and the commanding officer of the unit to which the detail is made
When the recommended penalty is loss of pay, the member may request an interview with the Borough Commander before making the election between command discipline and judicial proceedings. Such an interview shall be at the convenience of the Borough Commander.
It is not necessary to postpone this interview for union representation, and the member is not required to be on duty. However, the member has the right to consult a union representative or attorney before accepting or rejecting the pay penalty
The officer on duty witnessing or receiving notification of a violation shall enter a record of the facts in the company or unit journal, and if the accused is a detailed member,
cross ref
26.1.4 Charges must be prepared and signed by the immediate superior officer on duty where respondent is working at the time of the alleged violation.
a copy of the charges must be sent to the respondent’s assigned unit. The officer preparing charges must immediately notify the respondent’s assigned unit by telephone of the alleged violation.
shall notify the unit where the accused member is assigned
The officer on duty of the unit where the member is assigned shall, after investigation and evaluation, initiate a complaint report and prepare necessary information for review by the commanding officer of the accused member.
Commanding officer of members unit decides punishment
The commanding officer must select any one of the following dispositions:
A. Unsubstantiated.
B. Admonished and Instructed.
C. Non-judicial Proceedings Ordered.
D. Formal Charges and Specifications Ordered.
Non-judicial Proceedings Ordered.
when does the commanding officer inform member
Within one week of the alleged misconduct
inform the member of the results of the investigation and of any proposed disciplinary action.
inform the member of the right either to accept or decline and that acceptance or refusal of the action is binding.
When the penalty is loss of pay, the member shall be informed of the right to present his/her case to the Borough Commander before electing command.
The member must also be informed that refusal of command discipline operates as an automatic election of formal charges
True
When the accused member declines to accept any disciplinary action without a judicial proceeding, the Complaint Report (BP-87 Rev) shall be complete and formal charges prepared. Both are forwarded through the chain of command
to the Bureau of Investigations and Trials.
When the accused member accepts the finding and proposed disciplinary action, the complaint procedure is concluded. The final disposition is entered on the Complaint Report, and the report
forwarded to the
Division. Notifications to unit personnel must be
made by the commanding officer to obtain full enforcement of the penalty assessed.
Although most situations can be resolved within a day or two, no more than two weeks should elapse between misconduct and resolution. Thus, the following maximum timetable must be adhered to
7
5
2
Within seven (7) days of the alleged misconduct: interviews and investigation completed and member informed of proposed penalty. Within five (5) days of notification of proposed penalty: member must indicate acceptance or rejection on Complaint Report (BP-87). Within two (2) days of member's election: required reports submitted and penalty initiated.
If the commanding officer judges that the matter may be handled with non-judicial proceedings, the commanding officer must conduct or order a personal interview with the accused member when the member is
on duty as soon as possible after the alleged misconduct.
member may postpone for 48hrs
If command discipline is again rejected after the penalty is proposed, a copy of the commanding officer’s investigation report, including the penalty recommended and rejected, must be forwarded through the chain of command
to the Bureau of Investigations and Trials along with the BP-87
3.6 When conducting investigations, a commanding officer may use the telephone instead of personal interviews. However, this applies only to communications with
the complainant and third parties. In every case, the accused member is entitled to a personal interview.
3.6 When conducting investigations, a commanding officer may use the telephone instead of personal interviews. However, this applies only to communications with
the complainant and third parties. In every case, the accused member is entitled to a personal interview.
no phone interview for accused
